Preventive Law Topics: Your will or will of the state, it matters to your loved ones Published June 12, 2009 By Capt. Michael Galluccio ESC Legal Office HANSCOM AIR FORCE BASE, Mass. -- Did you know, from a practical point of view, everyone has a will? The difference between someone who has a properly executed valid will and someone who does not is that the one who has executed a will dictates how his assets are distributed upon his passing, whereas the state dictates how assets are distributed upon the death of someone who does not have a will. When an individual has a will drafted, they are able to dictate exactly how items in their estate will be distributed. For example, an individual can designate a certain person to be the recipient of a specific item of monetary or sentimental value, or set aside a certain sum of money to be paid to specific person or charity. In a will a person may also establish a guardian or trust to allow for the continued care of minor children and select a specific person to care for and distribute the assets of the estate upon the death of the individual. Without a valid will, the state provides very general guidelines merely dictating who is to receive what percentage of the estate without any regard to whether the distribution conforms to the wishes of the individual who has passed. In addition, without the specificity that is contained in a will document, family members are left guessing as to how specific items of an estate should be distributed. This often leads to anxiety and conflict among family and friends of the individual who has passed at a time when they need support from one another. This illustrates the primary benefit of having a will--knowing that if something happens, family and friends will have one less thing to worry about and one less thing to create additional stress and anxiety. When deployments arise, which do so often these days, the last thing anyone should be distracted with is how family members and friends will deal with their possessions if something happens during the deployment. This is why members of the military are strongly encouraged to execute a will before leaving for deployment. The Legal Office, located on the second floor of the Brown Building, Building 1305, can prepare a will for you free of charge. To have a will executed simply stop by the legal office to pick up a will worksheet. Once the worksheet is complete, it may be dropped off or emailed to the legal office and an appointment should be scheduled to consult with an attorney regarding any questions and to execute the finalized will.